Education Act 1944 (repealed 1.11.1996)

Compulsory Attendance at Primary and Secondary Schools E+W

35 Compulsory school age. E+W

In this Act the expression “compulsory school age” means any age between five years and [F1 sixteen] years, and accordingly a person shall be deemed to be of compulsory school age if he has attained the age of five years and has not attained the age of [F1 sixteen] years and a person shall be deemed to be over compulsory school age as soon as he has attained the age of [F1 sixteen] years:

Provided that, as soon as the Minister is satisfied that it has become practicable to raise to sixteen the upper limit of the compulsory school age, he shall lay before Parliament the draft of an Order in Council directing that the foregoing provisions of this section shall have effect as if for references therein to the age of fifteen years there were substituted references to the age of sixteen years; and unless either house of Parliament, within the period of forty days beginning with the the day on which any such draft as aforesaid is laid before it, resolves that the draft be not presented to His Majesty, His Majesty may by Order in Council direct accordingly.In reckoning any such period of forty days, no account shall be taken of any time during which Parliament is dissolved or prorogued or during which both Houses are adjourned for more than four days.

Textual Amendments

F1 Word substituted by virtue of S.I. 1972/444, art. 2

Modifications etc. (not altering text)

C1 S. 35 amended by Education Act 1962 (c. 12), s. 9

C2 The proviso in s. 35 which is spent is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

36 Duty of parents to secure the education of their children. E+W

It shall be the duty of the parent of every child of compulsory school age to cause him to receive efficient full-time education suitable to his age, ability, and aptitude [F2 and to any special educational needs he may have], either by regular attendance at school or otherwise.

Textual Amendments

F2 Words inserted by Education Act 1981 (c. 60, SIF 41:1), s. 17

Modifications etc. (not altering text)

C3 S. 36 excluded by Education (Miscellaneous Provisions) Act 1948 (c. 40), s. 4(2)

S. 36 excluded (1.10.1993) by 1993 c. 35, s.203; S.I. 1993/1975, art. 9, Sch. 1

C4 S. 36 excluded (prosp.) by Children Act 1989 (c. 41, SIF 20), ss. 30(1), 36(10), 108(2)(6), Sch. 3 Part III para. 13(1), Sch. 14 para. 1(1)

F3 37 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F3 S. 37 repealed (1.10.1993) by 1993 c. 35, ss. 303(4), 307(1)(3), Sch. 19 para. 11, Sch. 21 Pt.I; S.I. 1993/1975, art. 9, Sch.1

38 F4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F4 S. 38 repealed by Education Act 1981 (c. 60, SIF 41:1), s. 21, Sch. 4

F5 39 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F5 S. 39 repealed (1.10.1993) by 1993 c. 35, ss. 303(4), 307(1)(3), Sch. 19 para. 11, Sch. 21 Pt. I; S.I. 1993/1975, art. 9, Sch. 1

F6 40 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F6 S. 40 repealed (1.10.1993) by 1993 c. 35, ss. 303(4), 307(1)(3), Sch. 19 para. 11, Sch. 21 Pt.I; S.I. 1993/1975, art. 9, Sch. 1

40A F7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F7 S. 40A repealed by Children and Young Persons Act 1969 (c. 54), s. 72(4), Sch. 6